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Real Australian Case Law

Every search returns plain-English summaries grounded in published judgments — never invented precedent.

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85 cases linked to Gerard Malouf & Partners (GMP Law) · sorted by most recent
Firm:Gerard Malouf & Partners (GMP Law)
  • COSTSconsideration of appropriate order for the costs of the proceedings where both parties failed to comply with Judicial Registrar’s order to pursue alternative dispute resolution on or before 30 September 2019, in circumstances where the hearing was fixed to commence on 28 October 2019, and where neither party brought such noncompliance to the attention of the Court for remedial orders to be made

    Court Rules on Cost Disputes: Parties Held Accountable for ADR Oversight Amidst Legal Missteps

    2020-09-03 Hon. Justice LEVY

The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

Gerard Malouf & Partners (GMP Law)
Civil Liability Act 2005 (NSW), s 5O
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  • TORTSNEGLIGENCEduty of care and skill owed to cancer patients to provide chemotherapy in safe dosespatients were underdosed

    Court Rules on Chemotherapy Controversy: Patients Alleged Negligence in Treatment Dosing

    2020-09-03 Hon. Justice RUSSELL

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Children and Young Persons (Care and Protection) Act 1988 (NSW), s 3
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  • Civil Practice & ProcedureAdmissibility of EvidenceAllegations of Sexual AssaultDefence Objection to Evidence of Complaint

    Court Ruling: Key Witness Testimonies Allowed in Sexual Assault Case, Upholding Justice for Plaintiff

    2020-08-26 Hon. Justice MONTGOMERY

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Evidence Act 195 (NSW) ss 59, 60(1), 108, 108(3), 108(3)(a), 108(3)(b), 192, 192(2), 192(2)(b), 192(2)(c), 192(2)(d)
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  • Practice & ProcedureApplication to Amend the Statement of Claim at the Commencement of Hearing Pursuant to s 64 of the Civil Procedure ActOpposition by the DefendantsDuty of Care

    Court Grants Plaintiff's Bid to Amend Claim Against Foster Parents in Landmark Abuse Case

    2020-08-24 Hon. Justice MONTGOMERY

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Children and Young Person (Care and Protection) Act 1998
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  • TORTSnegligencemedical treatmentorthopaedic surgery

    Court Clears Surgeon in Long-term Infection Case: Negligence Claim Falls Flat After Seven-Year Delay

    2020-07-30 Hon. Justice LEVY

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Australian Consumer Law, s 60
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  • CIVIL PROCEDUREinfant settlement approvalcompromisewhere settlement in best interests of infant

    Landmark Ruling: Court Approves Settlement in Best Interests of Child

    2020-07-27 Hon. Justice CAMPBELL

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Civil Liability Act 2002 (NSW) s 5A
    Read case brief
  • TORTSNegligenceLiabilityMotor vehicle accident

    Bicycle Collision Liability: Court Awards Cyclist $172K After Driveway Crash

    2020-07-15 Hon. Justice WEBER DJC

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Civil Liability Act 2002 (NSW)
    Read case brief
  • SUCCESSIONFamily provisionClaim by adult child for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3The Defendant is also an adult child of the deceased

    Court Rules in Favor of Estranged Daughter: Receives $95,000 from Mother's Estate After Claim of Insufficient Will Provision

    2020-07-06 Hon. Justice HALLEN

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Family Provision Act 1982 (NSW)
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  • WORK INJURY DAMAGESWhere Plaintiff is a support officer for children with disabilities in a high schoolPlaintiff is struck by soccer ball kicked by a child and suffers neck injuryWhether a failure to adequately supervise amounted to a breach of duty

    Court Rules in Favor of School After Injury Claims by Support Officer: Soccer Ball Incident Dismissed

    2020-06-30 Hon. Justice HATZISTERGOS

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Long Service Leave Act 1955 (NSW), s 4
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  • ADMINISTRATIVE LAWJudicial reviewState Insurance Regulatory AuthorityReview of a certificate of a review panel

    Court Overturns Review Panel’s Decision on Motor Accident Claims, Determines Impairment Assessment Errors

    2020-06-28 Hon. Justice HARRISON

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    1.5, 1.6, 1.7, 1.21, 1.32, 1.33, 1.34, 1.35, 1.36, 1.37, 1.213
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  • CIVILPROCEDUREapplication for transfer of proceedings from District Court of New South Wales to the Supreme Court of New South Waleswhether the claim for damages is likely to exceed jurisdictional limit of the District Court

    High Stakes Justice: District Court Case Transferred to Supreme Court as $1.5 Million Claim Surpasses Limits

    2020-04-23 Hon. Justice BUTTON

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Civil Liability Act 2002 (NSW)
    Read case brief
  • ADMINISTRATIVE LAWjudicial reviewdecision under the Motor Accidents Compensation Act 1999whether medical assessor’s decision affected by error of law on the face of the record or jurisdictional error

    Motor Accident Insurance Case Unravels as Court Calls for Reassessment Following Medical Misjudgment

    2020-02-12 Hon. Justice WRIGHT

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Gerard Malouf & Partners (GMP Law)
    Motor Accidents Compensation Act 1999 (NSW)
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  • PROCEDUREapplications for leave to appealwhere plaintiffs claimed damages from defendant doctor for medical negligencewhere plaintiffs sought leave to proceed against defendant’s insurer under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) s 5(1)

    Court Dismisses Leave to Appeal in High-Profile Medical Negligence Case Against Former Surgeon

    2007-09-04 Hon. Justice MEAGHER

    根据《民事诉讼法2005》（新南威尔士州）第14条的规定，在2022/8808和2022/8818诉讼程序中，要求免除UCPR r 51.4(1)中规定的莱斯利·布莱克斯托克作为当前请假申请和拟议上诉程序的当事人的要求。

    Gerard Malouf & Partners (GMP Law)
    Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW), ss 4, 5
    Read case brief
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